On October 25, 2023, the American Shrimp Processors Association (“ASPA” or “Petitioner”) filed a petition for the imposition of antidumping duties on frozen warmwater shrimp from Ecuador and Indonesia as well as the imposition of countervailing duties on frozen warmwater shrimp from Ecuador, India, Indonesia, and the Socialist Republic of Vietnam.
SCOPE OF THE INVESTIGATION
The scope of these investigations includes certain frozen warmwater shrimp and prawns whether wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off,25 deveined or not deveined, cooked or raw, or otherwise processed in frozen form.
The frozen warmwater shrimp and prawn products included in the scope, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTSUS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size.
The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope.
Excluded from the scope are: (1) breaded shrimp and prawns (HTSUS subheading 1605.20.10.20); (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled (HTSUS subheadings 0306.36.0020 and 0306.36.0040); (4) shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain battered shrimp. Dusted shrimp is a shrimp-based product: (1) that is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a “dusting” layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the nonshrimp content of the end product constituting between four and 10 percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to IQF freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried.
The products covered by the scope are currently classified under the following HTSUS subheadings: 0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017, 0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029, 0306.17.0041, 0306.17.0042, 1605.21.1030, and 1605.29.1010. These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope is dispositive.
American Shrimp Processors Association
COUNSEL FOR PETITIONERS
900 Seventh Street NW, Suite 500
Washington, D.C. 20001
LEAKE & ANDERSSON LLP
1100 Poydras Street, Suite 1700
New Orleans, LA 70163
For a list of foreign producers/exporters alleged by Petitioners, please see Attachment I.
For a list of importers alleged by the Petitioner, please see Attachment II.
|Petition Filed||October 25, 2023|
|DOC Initiation||November 14, 2023|
|ITC Preliminary Investigation:|
|Questionnaires Due||November 8, 2023|
|Request to appear at hearing||November 13, 2023|
|Hearing||November 15, 2023|
|Briefs||November 20, 2023|
|ITC Vote||December 9, 2023|
|DOC Investigation Schedule:|
|DOC Preliminary Antidumping Determination||April 2, 2024|
|DOC Final Antidumping Determination||June 16, 2024|
|DOC Preliminary Countervailing Determination||January 18, 2024|
|DOC Final Countervailing Determination||April 2, 2024|
|ITC Final Investigation:|
|ITC Final AD Determination||July 31, 2024|
|ITC Final CVD Determination||May 17, 2024|
ALLEGED DUMPING MARGINS
Ecuador: 59.5% – 111.4%
ALLEGED COUNTERVAILING DUTY MARGINS
Above de minimis
To be provided once available in Attachment III.
IMPORTS OF SUBJECT MERCHANDISE
For a list of Imports of Subject Merchandise, please see Attachment IV.